Amends TCA Title 39 and Title 40.

This bill authorizes a law enforcement officer, a district attorney general or designee, or the attorney general or designee, to require the disclosure of stored wire or electronic communications, as well as transactional records pertaining to the communications ("the communications" collectively), to the extent and under the procedures and conditions provided for by the laws of the United States. <br /> <br /> Under this bill:<br /> <br /> (1) A provider of electronic communication service or remote computing service must provide the contents of, and transactional records pertaining to, wire and electronic communications in the provider's possession or reasonably accessible to the provider when such officer, district attorney general or designee, or attorney general or designee complies with the provisions for access to communications set forth by the laws of the United States;<br /> <br /> (2) Search warrants for production of the communications must have statewide application or application as provided by the laws of the United States when issued by a judge with general criminal jurisdiction over the criminal offense under investigation and to which records relate. Such judge may also issue orders for protection of the communications to the extent and under the procedures and conditions provided for by the laws of the United States; <br /> <br /> (3) A subpoena for the production of the communications may be issued under the procedures for the issuance of subpoenas and to the extent and under the procedures and conditions provided for by the laws of the United States;<br /> <br /> (4) Criminal process that authorizes or commands the seizure or production of papers, documents, records, or other things from a recipient may be served by: delivering a copy to the recipient personally or sending a copy by mail, facsimile, or electronic transmission as detailed by this bill. When such criminal process is served, the recipient-provider must provide all papers, documents, records, or things described in the process within 20 business days from the date the criminal process is received unless:<br /> <br /> (A) The court, for good cause shown, includes in the process a requirement for production within a period of time that is less than 20 business days;<br /> <br /> (B) The court, for good cause shown, extends the time for production to a period of time that is more than 20 business days; or <br /> <br /> (C) The applicant consents to a request from the recipient-provider for additional time to comply with the process;<br /> <br /> (5) A recipient-provider who seeks to quash or otherwise challenge the criminal<br /> <br /> process must seek relief from the court of general criminal jurisdiction in the county from<br /> <br /> which process issued within the time required for production. The court will hear and<br /> <br /> decide the issue as soon as practicable;<br /> <br /> (6) Criminal process issued under this bill must contain a notice on the first page of the document with certain indications as detailed by this bill; and <br /> <br /> (7) A failure to comply with criminal process issued pursuant to this bill by a<br /> <br /> recipient-provider will be punishable as contempt.<br />